Debtor Alleges CCA Misrepresents Services

Warranty Disclaimer Inadequate for RV Buyer

By Deborah Elkins
Published: April 22, 2013
Tags: Consumer Protection, Judge James C. Turk, U.S. District Court - Western District

A buyer who spent nearly $200,000 on an RV motor coach and is unhappy with repeated efforts to repair multiple alleged defects may sue the seller Camping World for breach of implied warranties, as the Roanoke U.S. District Court finds the dealer’s disclaimer clause inadequate under the Virginia UCC. Defendant Camping World did not offer [...]

Debt Collector Proves ‘Bona Fide Error’

By Deborah Elkins
Published: April 22, 2013
Tags: Consumer Protection, Judge Norman K. Moon, U.S. District Court - Western District

Although an employee of defendant debt collector lost his place in his telephone script and omitted from his voicemail message the statement that the call was “an attempt to collect a debt by a debt collector,” defendant debt collection law firm wins summary judgment in this FDCPA case with its bona fide error defense, says [...]

Loan Servicer Contacts Violated FDCPA

By Deborah Elkins
Published: March 20, 2013
Tags: Consumer Protection, Judge Norman K. Moon, U.S. District Court - Western District

A loan servicing company that continued to contact a borrower seeking payment of a loan and refused to contact her lawyer, although she had settled her case, violated the Fair Debt Collection Practices Act and the Charlottesville U.S. District Court grants summary judgment to the borrower and will hear evidence on her damages. The loan [...]

Despite $500 jury award, judge gives consumer lawyer $8K in fees

By Peter Vieth
Published: March 12, 2013
Tags: Attorneys Fees, Consumer Protection, Judge Thomas D. Horne, Loudoun County Circuit Court

A Virginia consumer lawyer says a judge’s hefty fee award in an otherwise small-value used car case will encourage lawyers to stand up for consumers even when the stakes are small. Loudoun County Circuit Judge Thomas D. Horne awarded $8,000 to the car buyer’s attorney even though a jury decided the buyer was entitled to [...]

Debt Cancellation Statute Not Preempted

By Deborah Elkins
Published: January 7, 2013
Tags: 4th U.S. Circuit Court of Appeals, Consumer Protection, Judge Andre M. Davis

A consumer who bought a car from a local Maryland dealer on a retail installment contract that included debt cancellation protection that did not comply with a Maryland statute did not lose that protection when the contract was assigned to another lender; the 4th Circuit vacates the district court decision holding that the Maryland statute [...]

Debt collection law firms wary of new agency

By Peter Vieth
Published: December 6, 2012
Tags: Consumer Protection

Some debt collection lawyers soon may be coming under the scrutiny of aggressive federal regulators, and few seem to be aware of the potential new layer of oversight. That’s the word from a Virginia lawyer who is tracking the regulatory efforts of the Consumer Financial Protection Bureau, an agency bent on finding and punishing wrongdoers [...]

No Arbitration Waiver from Litigation Activity

By Deborah Elkins
Published: December 4, 2012
Tags: 4th U.S. Circuit Court of Appeals, Consumer Protection, Judge Allyson K. Duncan

A district court erred in applying Maryland law, instead of the Federal Arbitration Act, to deny a financing company’s motion to compel arbitration of a car buyer’s lawsuit; the 4th Circuit says the financing company did not waive arbitration by delaying about six months before filing its motion to compel and using “litigation machinery” to [...]

No class claim against Equifax, appeals court says

By Deborah Elkins
Published: December 3, 2012
Tags: Consumer Protection, Federal Courts, Judge Dennis W. Shedd, Judge Robert E. Payne, Judge Roger L. Gregory, Virginia Trial Lawyers Association

A major credit reporting agency will not face a class action suit by Virginia residents with potentially inaccurate Virginia court judgments on their credit reports. The 4th U.S. Circuit Court of Appeals reversed an order certifying a class in a suit that had the U.S. Chamber of Commerce squaring off against the Virginia Trial Lawyers [...]

Collections ‘best practices’ adopted

By Peter Vieth
Published: November 26, 2012
Tags: Consumer Protection, Creditor's Rights, General District Courts

Stricter requirements for collections lawsuits by so-called “debt buyers” are spreading in Virginia. A set of “best practices” adopted by Fairfax County general district judges three years ago to ensure the integrity of the court’s judgments have inspired guidelines imposed by judges in Newport News, the Roanoke Valley and – expected soon – the Richmond [...]